The promoter had applied for deregistration on 26 August 2024, apparently seeking to exit the RERA regulatory framework for the 288-unit project originally registered on 29 July 2017. Chairperson Manoj Saunik, in an order dated 10 March 2026 (after hearing the matter on 21 November 2025), not only dismissed the application but also imposed a ₹20,000 cost on the promoter for non-compliance with earlier directions.

Why MahaRERA Said “No” – The Critical Loopholes Exposed

For any project to be deregistered, the promoter must satisfy the Authority that every single allottee’s claims have been fully addressed and settled with no prejudice to homebuyers. Guardian Landmarks LLP failed this test spectacularly because of glaring inconsistencies and missing disclosures:

1. Wildly Contradictory Booking Numbers
   • The project webpage (manually updated by the promoter) showed 83 units booked out of 288.
   • In the deregistration application, the promoter claimed only 80 units.
   • A declaration uploaded by the same promoter on 26 December 2022 (in response to an earlier show-cause notice) admitted 370 bookings had been received, of which 336 were cancelled and refunded, leaving 34 active bookings as on that date.
   These three different figures for the same project created complete confusion about how many homebuyers had actually invested and whether all of them had received their money back.
2. Zero Compliance on Mandatory Sold/Unsold Inventory Declarations MahaRERA requires promoters to upload quarterly details of sold and unsold flats. The promoter in this case had never filed even one such declaration since registration in 2017. This is not a minor technical lapse — it is the basic transparency tool that tells the Authority and buyers exactly who has booked what and whether any allottee remains unsettled.
3. Complaints Status Five complaints were filed against the project. Four have been disposed of with settlements. The promoter claimed the fifth (CC005000000137166) was also settled via a cancellation deed, but the overall lack of clear records made it impossible for MahaRERA to verify that no homebuyer was left in the lurch.

The Authority observed that “the particulars placed on record do not present a consistent or reliable account of the bookings… The Authority cannot proceed in ignorance of such material facts.”

What This Means for Homebuyers

This order is a textbook example of how RERA works as a shield. If deregistration had been granted on the basis of the messy, contradictory data submitted by the promoter, any unresolved allottees could have lost their statutory rights — no more quarterly updates, no easy complaint filing, and potentially no refund or possession remedies under the Act.

Instead, MahaRERA has kept the project firmly under its watch. The promoter has now been directed to:

• Update all project details and upload complete sold/unsold declarations with supporting documents.
• Pay the ₹20,000 cost within 30 days.
• Only then can it file a fresh “restoration application” for reconsideration of deregistration.

Until then, Guardian Wind Shire Phase 1 remains a registered RERA project, and homebuyers continue to enjoy full statutory protection.

The order once again underscores MahaRERA’s firm stance: promoters cannot cherry-pick when to follow rules or exit the system without complete transparency. For homebuyers in stalled or delayed projects across Maharashtra, this is a clear message — discrepancies in records will be caught, and attempts to slip out of RERA oversight will not succeed.

Also Read: MahaRERA Orders Refund Paid for Seven Flats in Godrej RKS Project

The post MahaRERA Rejects Builder’s Deregistration Bid Over Massive Booking Discrepancies appeared first on Square Feat India.

The case involves homebuyer Talat Asmat Falke, who booked two flats (No. 1201 and 1202) in the project in Kalyan West, Thane district, through agreements dated May 8, 2018. The buyer paid the full consideration: ₹40 lakh for one flat and ₹24 lakh for the other. The promised possession date was July 31, 2020.

Why This Order Matters for Homebuyers

Many buyers assume that getting keys or “physical access” means legal possession. This judgment clarifies that under RERA (Real Estate Regulation Act, 2016), possession is only formal and legal when:

• The builder obtains the Occupancy Certificate (OC) or Completion Certificate.
• The OC is shared with the buyer.
• Formal possession is handed over with documentation (like a possession letter or receipt).

Informal access (e.g., “fit-out” keys for interiors) before or even after OC doesn’t count if paperwork isn’t complete. The Tribunal stressed that builders can’t escape delay penalties by giving early keys while delaying formal handover.

Chronological Sequence of Events – Made Simple

Here’s the timeline of what happened, step by step, to make the confusing aspects crystal clear:

1. May 8, 2018 – Buyer signs agreements for two flats. Promised possession: July 31, 2020. Full payment made.
2. July 2020 – Builder gives informal “fit-out possession” (keys for interiors, permission to use lift for materials). No OC yet – so this is not legal possession under RERA. (Section 11(4)(b) requires OC before handover.)
3. January 5, 2021 – Builder obtains Part Occupancy Certificate from Kalyan-Dombivli Municipal Corporation (KDMC). Covid extensions by MahaRERA had pushed many project deadlines to around January 31, 2021.
4. March 2021 – Buyer files two complaints with MahaRERA, demanding:
   • Formal possession with interest for delay (under Section 18).
   • Other issues like unauthorized added floors, reduced parking, and no housing society formed.
5. September 2021 (letter dated 20/28.09.2021) – Builder writes an official letter to KDMC Town Planner admitting that possession has NOT been handed over to flat buyers (including this one). No possession receipts issued. This letter becomes key evidence.
6. During RERA proceedings – Builder’s own affidavit repeats: Possession still not handed over (citing pandemic delays).
7. December 9, 2022 – MahaRERA dismisses both complaints. Reason: OC obtained in Jan 2021 + Covid extension means no violation. They accepted builder’s claim of “physical possession” in July 2020.
8. 2023 – Buyer appeals to MahaREAT (Appeal Nos. AT006/144278 & AT006/144279 of 2023).
9. March 7–9, 2026 – Tribunal hears arguments, reserves order, and pronounces judgment:
   • Partly allows appeals.
   • Sets aside MahaRERA’s dismissal on delay issue.
   • Rules builder violated Section 18 by not giving formal possession even after OC.
   • Builder’s contradictions (early keys vs. later admissions of no handover) prove non-compliance.
   • Orders interest payment on full amount paid, at SBI highest MCLR + 2%, from January 31, 2021 until the date of actual formal possession (with OC provided).

Key Takeaways for Homebuyers

• Don’t rely on verbal promises or early keys – always insist on formal possession letter + OC.
• If your builder delays formal handover (even after OC), you may claim interest under Section 18.
• Builder admissions in official letters or affidavits can be powerful evidence in appeals.
• This ruling strengthens buyer protections: Covid excuses don’t override the need for proper paperwork.

The project (a small development with ~57–62 units, mostly 1 & 2 BHK flats) was marketed as ready-to-move post-2021, but cases like this show how paperwork gaps can lead to long delays and compensation claims.

Parties bear their own costs. The order has been communicated to MahaRERA and the parties.

Also Read: Builders want stamp duty reduced to 1% for 4 months

The post Builder’s Own Letter Exposes Lie: No Possession Given Even After OC – Tribunal Orders Interest For Delay appeared first on Square Feat India.

Mumbai, 18 November 2025 — Maharashtra has firmly positioned itself as India’s most advanced and ambitious state in the sustainable built environment space, backed by pioneering policy incentives, robust municipal regulations, and an active collaboration with the CII Indian Green Building Council (IGBC).

From Mumbai’s commercial towers to Pune’s industrial and residential hubs, Maharashtra’s cities are setting new benchmarks in green building adoption, net zero development, and climate-aligned infrastructure.

Policy Leadership: FAR Incentives, Mandatory Green Ratings, and ECBC 2025

Maharashtra’s Urban Development Department has rolled out transformative green construction policies, making it the most proactive state in the country:

• Additional FAR incentives of 3%, 5%, and 7% for IGBC Silver, Gold, and Platinum-rated buildings.
• PMC and PMRDA adopting similar green incentive frameworks.
• PWD mandate: all new government buildings and renovations must comply with IGBC Green Building Rating systems.
• UDCPR 2020 update: Integrated township projects must secure at least IGBC Silver rating.
• ECBC Rules 2025 drafted to harmonize energy performance norms across all new commercial buildings in the state.

These reforms ensure that sustainability is embedded at the regulatory, planning, and infrastructure levels.

Maharashtra’s Green Footprint: India’s Largest and Fastest Growing

With six active IGBC chapters, Maharashtra leads the country in green building adoption:

Mumbai Chapter

• 1,700+ registered projects
• 1,800+ million sq. ft. of green footprint
• 550+ certified green buildings
• 45 net zero buildings

Mumbai stands out in:

• Commercial real estate
• Transit infrastructure
• Net zero developments

Pune Chapter

• 1,300+ registered projects
• 2,000+ million sq. ft. of green area
• 400 certified buildings
• 20 net zero buildings

Pune dominates in:

• Residential
• Industrial
• Logistics and warehousing sectors

Nagpur, Nashik, Navi Mumbai, and Aurangabad

These cities are steadily expanding Maharashtra’s green-rated portfolio across educational, civic, industrial, and mixed-use developments.

The state’s cumulative footprint makes it the largest contributor to India becoming the world’s second-largest green building market.

Landmark Green Projects That Define Maharashtra’s Leadership

Some of the most significant IGBC-rated projects in the state include:

• Infosys Pune Campus – A pioneering net zero energy campus
• CIDCO Bhavan, Navi Mumbai – Model green civic headquarters
• Tata Motors plants in Pune and Nashik – Advanced industrial sustainability
• Mumbai International Airport
• Navi Mumbai Municipal Corporation HQ
• RBI Building, Fort
• Tata Bombay House
• Major financial and IT buildings across BKC

These projects demonstrate how both the government and private sector are embracing green norms on a transformative scale.

IGBC’s Role: 32 Rating Systems, Technical Guidance, and Industry Mobilization

The CII Indian Green Building Council has been central to Maharashtra’s green transformation. With 32 India-specific rating systems, the IGBC provides sector-wide certification frameworks for:

• Residential & commercial buildings
• Industrial facilities
• Data centres
• Transit & airport infrastructure
• Affordable housing (NEST & Green Affordable Housing)

IGBC also supports the state with:

• Capacity-building workshops
• Sustainable design training
• Policy consultation
• Net zero roadmaps

IGBC on Maharashtra’s Leadership

M Anand, Deputy Executive Director, IGBC, said:
“Maharashtra’s visionary governance and strategic partnership with IGBC have accelerated the net zero and green building movement. The state is shaping India’s future built environment—resilient, resource-efficient, and inclusive.”

The Bigger Picture: Maharashtra Aligns with India’s 2070 Net Zero Vision

Maharashtra’s policy-driven green transition directly enhances India’s broader national climate mission:

• Lower carbon emissions
• Reduced energy consumption
• Water-efficient buildings
• Healthier indoor environmental quality
• Climate-resilient urban infrastructure

The state has created a replicable model for other Indian states seeking to integrate sustainability into urban planning.

Also Read: Green Building List: Maharashtra On Top.

The post Maharashtra Emerges as India’s Green Building Leader: Mumbai, Pune Drive Massive Shift to Sustainable Urban Growth appeared first on Square Feat India.

This judgment delivers long-awaited relief to over 493 stalled projects in the Mumbai Metropolitan Region (MMR) and Pune, unlocking progress for 70,000+ housing units, predominantly in the affordable and mid-income categories.

Regulatory Clarity for the Real Estate Sector

The Supreme Court struck down provisions of the 2014 and 2016 notifications — Clause 14(a) and Appendix 16 — which proposed an Environmental Cell under local authorities, a change that threatened to create overlapping jurisdictions and confusion. The court also rejected differential treatment for industrial sheds and educational buildings under the Environment (Protection) Act, 1986, calling for uniform regulation.

Industry Applauds the Judgment

Domnic Romell, President of CREDAI-MCHI, hailed the verdict:

“This judgment is a direct result of CREDAI-MCHI’s proactive legal intervention to protect the interests of our members and thousands of homebuyers impacted by stalled projects. We are grateful the Supreme Court has upheld SEIAA and SEAC’s role as competent authorities. This is a monumental relief for Maharashtra’s real estate sector.”

Romell credited the association’s leadership, legal team, and industry unity for the outcome, emphasizing CREDAI-MCHI’s commitment to driving meaningful reform.

Boost for Affordable & Mid-Income Housing

The verdict removes the regulatory ambiguity that had delayed project approvals, construction timelines, and shaken homebuyer confidence. Developers in MMR and Pune can now move ahead with environmental clearance procedures under a stable and recognized authority, paving the way for timely delivery of much-needed housing stock.

Sustained Advocacy Pays Off

This case highlights CREDAI-MCHI’s ongoing dedication to ensuring regulatory clarity, protecting developer rights, and safeguarding homebuyer interests. The official order will be uploaded shortly, marking the final step in a case that could reshape Maharashtra’s project approval landscape.

Also Read: Supreme Court Clears Redevelopment of Bharat Nagar Slum in Bandra

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